Scanning a photograph to make a digitised version, or making a copy of an existing digital file, reproduces the photograph and therefore generally requires the permission of the copyright owner (unless an exception to infringement applies).

If the other person creates a new artistic work using the scanned photograph, he or she will own copyright in the new work. However, if the new work incorporates an important, distinctive or recognisable part of the original photograph, the owner of copyright in the new work will need the original photographer’s permission to reproduce and communicate it to the public. The original photographer still owns copyright in the original photograph.

Alteration of photos may, in some cases, infringe your moral rights in the work (the rights to be attributed as creator of a work, right not to be falsely attributed as the creator and the right of integrity against derogatory treatment of the work).